ARTICLE VIII. Election for SECTION 1. The citizens of the town of Athens, at an election held on the seventh day of September, A. D. eigh- issuing railroad teen hundred and sixty-eight, voted for or against issuing bonds for railroad purposes to the amount of not exceeding fifty thousand dollars, and a majority having voted for issuing said bonds, the trustees of the town may issue said bonds, payable in fitteen or twenty years, at the rate of six per centum per annum, payable annually: Provided, however, that said bonds are only to be applied as stocks to a railroad running from New Athens to East St. Louis, or connecting with a road at Bellevilie that runs to that place. Whereas a majority of the citizens of New Athens have voted for issuing fifty thousand dollars, bonds for railroad purposes, bearing interest at the rate of six per centum per annum, payable annually, for the purpose of raising that sum of money; now, therefore, for the purpose of enabling said town to meet the payment of interest upon said bonds, as the same shall fall due, that the town council of the town of New Athens be and they are hereby authorized and required, from year to year, to levy and collect, in like manner, as nearly as may be, as other town taxes are levied and collected, a special tax, for the purpose of paying the interest on said bonds. Said tax shall be levied according to the valuation of property for ordinary taxes of each year, respectively; and in case no valuation for ordinary taxation should be made for any year, then a special valuation shall be made for the purposes of this act. The time at which said special tax shall be collected shall be subject to the control of said town council, and may be made annually or semi-annually, as shall be deemed expedient; but said tax shall always be collected in time to meet the annual payment of interest on said bonds. § 2. This act is hereby declared to be a public act, and Aot valid. may be read in evidence in all courts of law and equity within this state, without proof. 3 Any failure to hold the first election under this. act at the specified time shall not work a forfeiture, but the said election may be held at any day thereafter, by giving the proper notice of ten days. 84. This act shall take effect and be in force from and after its passage. APPROVED March 29, 1869. Rights not affected. In force March AN ACT to incorporate the town of New Canton, in Pike county, Illinois. 31, 1869. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the inhabitants and residents of the town of New Canton, in the county of Pike, are hereby constituted and declared a body Name and style. politic and corporate, by the name and style of "The President and Trustees of the Town of New Canton;" and, by that name, shall have perpetual succession; and may have and use a common seal; have power to sue and be sued, plead and be impleaded, in all courts and places where justice is administered, in all actions whatsoever; to purchase, receive and hold property, both real and personal, beyond the limits of said town, for burial grounds and other corporate purposes; to sell, lease and convey property, for the use of said town; to protect and improve any such property as the public good may require. Boundaries. Government of trustees. § 2. All that district of country inclosed within the following boundaries, to-wit: One mile square, the centre thereof being the center of the crossing of Main and Mississippi streets, in town corporate plat of the town of New Canton, shall be the boundaries of said town. 3. The corporate powers and duties of said town shall vested in board be vested in five trustees, who shall constitute a board for the transaction of the business of said town; and the persons who are now trustees of said town, holding their office under and by virtue of the general law of this state, for the incorporations of towns and cities, shall be deemed to hold their office under and by virtue of this act until the fourth Saturday in December, in the year of our Lord one thousand eight hundred and sixty-nine, and until their successors are elected and qualified; and the said trustees shall be elected annually, by the qualified voters of said town; and no person shall be trustee unless at the time of his election he shall have resided in said town for the space of six months, be twenty-one years of age, be a bona fide freehold er within the said town and a citizen of the United States, and upon his removal from said town he shall vacate his office. Qualification to hold eflice. Oath of office. 4. The board of trustees shall determine the qualifications of its own members and all cases of returns and elections of their own body. A majority shall constitute a quorum, but a smaller number may adjourn, from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance; shall have power to determine the rules of their own proceedings, punish a member for disorderly conduct, and, with the concurrence of two-thirds, expel a member. 5. Each of the trustees shall, before entering upon their duties, take an oath to perform the duties of his office to the best of his knowledge and abilities; and there shall, at least, be one regular meeting of said trustees in each month, at such times and places as may be prescribed by ordinance. fined. 6. The boundaries of said town, as herein defined, Boundaries deshall constitute a district for the election of one town constable, who shall be elected by the qualified voters of said town, and at the same time and place at which the trustees are elected; and the said president shall preside over the board of trustees; shall have the right to give the casting vote in cases of a tie, and shall possess the same qualifications as are required of a trustee by the third section of this act. The constable shall be elected for the term of two years, and if he remove from said town his office shall be vacated. § 7. If two or more persons shall receive an equal number of votes for the office of constable, the board shall proceed to determine the same by lot; and all contested elections shall be determined as prescribed by ordinance. Tie vote, how decided. constable. § 8. On the fourth Saturday in the month of December, Election A. D. 1869, and on the fourth Saturday of December, each year thereafter, an election shall be held in said town for one town constable for the term of two years, and five trustees, as aforesaid, who shall hold their offices for one year and until their successors are elected and qualified; which first election shall commence at 10 o'clock, in the forenoon, and close at 4 o'clock, in the ofternoon of said day; and any two of the present trustees shall be judges of said election, who shall appoint their own clerks, receive and canvass the votes, declare the result, furnish to each person elected a certificate of his election and lay the poll book of such election before the board at its first meeting. All subsequent elections shall be held and conducted and returns made as may be prescribed by ordinance. Said trustees, so elected, shall choose one of the five president. 9. All free white inhabitants of said town shall be entitled to vote for town officers, who are qualified to vote for state officers, and shall have resided in said town six months next before any such election. of Qualifications of voters. lect taxes. 10. The president and trustees shall have power and Levy and colauthority to levy and collect a tax upon all property, real, personal and mixed, in said town, which is now or may hereafter be subject to taxation for state or county purposes, not exceeding one-half of one per centum per annum, upon the assessed value thereof, and may assess and enforce the collection of the same by any ordinance, not repugnant to the constitution of the United States or of this state. The said trustees may, if they think proper so to do, by ordinance, adopt the annual assessment made of the property of said town by the county or town assessor, and cause the same to be collected by the township collector. sessments. Provide for as- § 11. If the president and trustees of said town shall determine to adopt the assessment made by the authority of the state and county, they shall give to the clerk or other officer whose duty it is by law to extend the tax by existing laws, notice of their intention so to do, (which notice shall be a copy of their records) and also the rate of taxation; and upon the receipt of such notice, the said tax shall be extended and collected and its collections enforced in the same manner as other revenue. The clerk and collector shall be allowed the same compensation for services under this act as are allowed them for similar services under the revenue laws of this state: Provided, that nothing contained in this act shall be so construed as to prevent the said corporation from providing, by ordinance, for the assessment and collection of such taxes and all other tax, charge or assessment authorized by this act. Appointment of Officers. of streets. 12. The said board shall have power to appoint an attorney, clerk, town treasurer, and assessor and collector, and such other officers as may be judged necessary for carrying into effect the powers conferred upon said corporation by this act, and to require them to give such bonds, with such securities, and take such oaths, as may be judged necessary to insure the faithful performance of their duties; and shall have power to appropriate money and provide for the payment of the debts and expenses of the town; to make regulations to secure the general health of the inhabitants of the town; to declare what shall be deemed a nuisImprovement ance, and to prevent and remove the same; to open, abolish, alter, widen, extend, establish, grade or otherwise improve and keep in repair streets, alleys and lanes in said town, and erect and maintain and keep in repair bridges; to build and maintain within said corporatiou a jail or place of imprisonment, and to confine therein all such persons as are by the provisions of this act liable to imprisonProhibit sae ment for offenses against the ordinances of said town; to regulate, by ordinance, to license or prohibit the importation, the manufacture or sale within said corporation, and of storing and keeping for sale any in stores, shops or other buildings or places of doing business within the same, vinous, spirituous, malt or mixed liquors, including ale and beer, in any quantity: Provided, that said president and trustees may grant permits for sale of spirituous, vinous, malt or mixed liquors, including ale, for medical, mechanical or sacramental purposes, under such regulations and rules as they may prescribe by ordinance; to provide for the erection of all needful buildings for the use of the town, and to provide for the inclosing, laying off, improving and regulating all public grounds, squares and burial grounds belonging to the town; to have power to fill any vacancy in the board of trustees, occasioned by death, resignation, continued absence from town for three months, or other of liquors. Buildings. Vacancies. wise; to fill any vacancy of president, occasioned by death, resignation, removal from office or continued absence from town for three months, or otherwise. Said office shall be filled by an election, to be ordered by the board of trustees; to regulate and prohibit any indecent exposure of person; to prohibit the abuse of animals; to prevent, suppress and Unusual noises. prohibit any riot, affray or disturbance of the peace, by loud and unusual noises, or any disorderly conduct in public buildings, churches or other buildings and places, disorder of liquors. Extinguishment ly assemblages, assaults and batteries; to restrain and pro- Gaming houses. hibit all descriptions of gambling and fraudulent abuses, and to suppress and prohibit billiard tables, ball alleys, and all other gambling establishments, and all lotteries and sale of lottery tickets within the limits of the corporation; to pre- Prohibit sale vent and suppress traficking and selling and giving away intoxicating liquors, whether spirituous, malt, fermented or otherwise, within one mile from the boundary of the corporation limits; to license, tax and regulate auctioneers, merchants, retailers, grocers, taverns, eating-houses, butchers, meat shops, peddlers, brokers, money changers and teamsters, and all other trades and callings exercised within the limits of the corporation; to forbid and punish the selling or giving away of any intoxicating or malt liquors to any minor, apprentice or servant, without the consent of the parent, guardian, master or mistress; to license, tax and regulate theatrical and other exhibitions, shows and amusements; to restrain, prohibit and suppress gambling houses, bawdy houses, and other disorderly houses; to provide for the prevention, extinguishment of fires, and to organize and of fires. establish fire companies; to regulate partition fences; and Partition fences provide for the inspection and weighing of stone coal and hay and for the measurement of wood and fuel, to be used in said town; to regulate the election of town officers, define their duties, and provide for the removal of any person holding office under the ordinances; to provide for the taking Census. of the enumeration of the inhabitants of said town; to fix the fees and compensations of all town officers, jurors, witnesses and others, for services rendered under this act or any ordinance; to impose fines, penaltics and forfeitures for the breach of any ordinance, and to provide for the recovery and appropriation of such fines and forfeitures and the enforcement of such penalties; to prevent the incumbering of the streets, squares, lanes and alleys of said town; to protect shade trees; to compel persons to fasten horses, mules Fasten horses. and other animals attached to vehicles, while standing upon the square, street, alley, lane or uninclosed lot; to Stock at large. prevent the running at large of horses, cattle, hogs and sheep, and [other] animals, and provide for distraining and impounding the same, and to provide for the sale of the same for any penalty incurred, and to impose penalties upon the owners of any such animals for the violation of any orVol. IV-4 |